NES manages field activities and Operation and Maintenance (O&M) at National Priorities List (NPL) sites. NES has also been the technical representative for industrial clients on Potentially Responsible Party (PRP) Steering, Allocation, and Technical Committees for numerous NPL sites. NES’ broad experience in the design and implementation of field analytical programs compliments the design and implementation aspects of RI/FS programs as well as regulatory agency negotiations. NES has successfully managed extensive, multi-faceted environmental programs, and designed and operated intricate RI/FS programs while realizing significant cost savings for our clients.

NES manages and provides on-site staffing to execute the O&M activities required to meet on-going environmental operating requirements and long-term care provisions for production facilities. NES is the O&M contractor at the Hardage-Criner Superfund Site in Oklahoma. NES also provides staffing to coordinate and manage Total Waste Management (TWM) programs at several automobile manufacturing and manufacturing support facilities. Management of the TWM programs at these facilities involve routine and event-based activities.

NES has successfully developed defensive and proactive cost allocation positions for achieving interim and final site settlements. NES has been directly involved in review of site conditions, waste-in data, operational history, and remedial components as they relate to possible:

Volume and Tiered Volume Allocation Options

Toxicity and Mobility Allocation Options

Cause/Effect Allocation Options

De Minimis Settlements

NES’ responsibilities have included “forensic chemistry” evaluations of waste streams to identify possible sources of otherwise “orphaned” chemicals in the groundwater regime. NES has reviewed and provided input to several allocation models.

Our unique experience allows us to assist counsel in advancing claims that precipitate settlement and, in turn, the prompt generation of funds for site remediation. Our clients have benefited from NES’ expert witness experience in two significant areas:

The preparation and defense of response cost claims based upon past costs’ reasonableness, necessity and consistency with the National Contingency Plan (NCP).

The establishment of site conditions and occurrences of releases based on deposition of waste materials, especially with respect to site operations.

NES provides technical support services for litigation support and PRP groups. The range of services NES has provided for its clients include:

Expert testimony concerning the source and migration of contamination in ground water and soil.

Interviewing, retaining and managing multiple expert witnesses.

Coordinating all technical data analysis and preparing the necessary exhibits for trial.

Evaluating cost and feasibility aspects of remedial activities.

Evaluating allocation issues.

Providing technical oversight of all RI/FS activities as well as allocation support, including RI/FS contractor selection, definition of work scopes, project oversight, monitoring, and agency negotiation.

Evaluating various remedial alternatives that were available in accordance with the Record of Decision (ROD).

Evaluating human health and environmental risks associated with performance of the selected remedy compared to other alternatives.

As project manager at several CERCLA sites, NES suggested, in the PRP’s best interest, major and minor changes to the original remedy concept. In each case, NES successfully developed a revised remedial action by evaluating possible alternatives, working with the PRPs and their RI/FS or Remedial Design contractor to develop a consensus on the best remedial modifications, and obtaining regulatory agency agreement on the proposed remedy modifications. NES’ success at managing and implementing changes to the initial remedy is one aspect of our management experience that has proven to be highly beneficial to our clients.

NES provides life-cycle data services specifically tailored to meet your needs. A successful program, whether an initial site investigation or O&M of a remedy, requires litigation proof data. A properly designed program also prevents the selection of incorrect analytical methods, avoids the collection of useless data, and allows you to choose the database platform most familiar to you. NES will guide you through the often tortuous path of acquiring data to managing and reviewing data. From selecting a qualified laboratory and the proper analytical methods to evaluating the data in the proper context, NES’ life-cycle data services include:

Laboratory Services

Data Evaluation

•selection

•fit with Site Conceptual Model

•analytical methods

•historical context

•deliverables

•regulatory triggers, e.g., MCLs, etc.

Database Design & Management

Data Validation

•Microsoft® Access

•organics

•Microsoft® Excel

•inorganics

NES is frequently requested to provide an independent data review for in-house reports and 3rd party reports, e.g., Phase I, Phase II, etc., to evaluate the data in context of what decisions are being contemplated. Our reviews help our clients to make informed decisions. Informed decisions save money and time!

NES conducts environmental site assessments (ESAs), Phase I & Phase II, in accordance with ASTM standards. NES has performed ESAs of all sizes for a variety of clients, from a vacant lot in a real estate transaction to multiple industrial/commercial sites as part of a merger/buyout of a company.

NES also performs due diligence for clients that involve the review of third party ESAs. As part of our review, NES evaluates the recognized environmental conditions (RECs) in the ESAs, the data collected as part of a Phase II, if performed, and provides recommendations regarding the potential environmental concerns at each property. If necessary, the costs and timing to mitigate the RECs are also a part of our recommendations.